EDGAR Appendix C (Federal Register 7/8/04: 34 CFR Parts 75 Final Regulations)
National Archives And Records Administration
Federal Register
Thursday, July 8, 2004
Department of Education
34 CFR Parts 75
Final Regulations
Pages 41200-41201
Appendix C
41200 Federal Register / Vol. 69, No. 130 / Thursday, July 8, 2004 /
Rules and Regulations
DEPARTMENT OF EDUCATION
34 CFR Part 75
RIN 1890-AA09
Direct Grant Programs
AGENCY: Department of Education.
ACTION: Final regulations.
SUMMARY: The Secretary amends regulations governing the process for
submitting discretionary grant applications by removing current
provisions requiring specific application formats, thereby
permitting electronic submission of applications. The revisions also
clarify that only applicants submitting paper applications are
required to submit one original and two copies of their application
to the Department of Education (Department).
DATES: These regulations are effective August 9, 2004.
FOR FURTHER INFORMATION CONTACT:
Kevin Taylor, U.S. Department of Education, 400 Maryland Avenue,
SW., room 7089, PCP, Washington, DC 20202-4248. Telephone: (202)
245-6143, or via Internet: Kevin.Taylor@ed.gov.
If you use a telecommunications device for the deaf (TDD), you
may call the Federal Information Relay Service (FIRS) at 1-800-877-
8339.
Individuals with disabilities may obtain this document in an
alternative format (e.g., Braille, large print, audiotape, or
computer diskette) on request to the contact person listed under FOR
FURTHER INFORMATION CONTACT.
SUPPLEMENTARY INFORMATION: On October 30, 2003, the Secretary
published a notice of proposed rulemaking (NPRM) for these
amendments in the Federal Register (68 FR 61780) in which the
Secretary explained that the Department was proposing to amend its
regulations to allow grant applications to be sent electronically
via the Internet. This final rulemaking document fulfills the
Secretary's proposal to remove the requirement that an application
be mailed or hand-delivered. Under the final rule, the Department
can receive applications electronically without using the pilot
program as the authority for receiving electronic grant
applications. As an added benefit, the changes to the regulations
also increase the Department's flexibility to participate in new
government-wide electronic grant initiatives.
There are no differences between the NPRM and these final
regulations, other than a minor editorial change. Under the new
rule, the Department will inform applicants in the application
notice whether the option to apply for a grant electronically is
available or required for a particular grant program competition.
This information will be restated in the application package's
transmittal instructions. The application notice will include all
the other information necessary to apply for a grant, including the
deadline date and time for electronic and paper application.
Analysis of Comments
In response to the Secretary's invitation in the NPRM, three
parties submitted comments on the proposed regulations. An analysis
of the comments follows.
We discuss substantive issues under the sections of the
regulations to which they pertain. Generally, we do not address
technical and other minor changes and suggested changes the law does
not authorize the Secretary to make.
Two commenters strongly supported the proposed changes to the
regulations that would permit the Department to use the Internet to
accept grant applications electronically. One of the supportive
commenters did not address any particular proposed requirement other
than to say generally that the proposed rule was a good idea. One
commenter disagreed with the proposed change.
Section 75.109 Deadline Date for Applications
Comment: One supporter of the changes recommended that we amend
the regulations to state specifically the two application options
that are available to apply for a grant rather than taking the
application methods out of the regulations. For example, the
regulation would specify that an applicant could either use
electronic means or submit a paper application and deliver it by
mail, commercial delivery, or courier to the Department.
Discussion: The Department believes that potential grant applicants
will have adequate opportunity to receive information about the
application formats that will be used for a particular grant program
competition when the Department publishes an application notice in
the Federal Register. The Secretary believes that using the
application notice to convey information regarding a grant
competition's application requirements is a more effective way to
convey information to prospective applicants.
Application notices will contain detailed information on the
application process and specific requirements for a particular grant
program competition.
We believe that the new approach of removing the specific
application formats from the regulations and relocating the
information to the application notice will not hinder potential
applicants' ability to learn what application methods are available
to them for a grant competition.
Changes: None.
Comment: Another commenter criticized the change because it would
prevent some applicants from applying for a grant, especially
certain rural and inner-city school districts, and faith-based
organizations that might not have the technical resources or staff
to be able to apply for a grant online.
Discussion: The Department realizes that there are potential
applicants that do not have adequate computer equipment to gain
access to the Internet and, even if the potential applicant had
sufficient computer equipment, telecommunications charges for access
to the Internet from some isolated areas might be prohibitively
expensive. To address this concern, the Secretary will continue to
allow applicants to submit a paper application in lieu of an
electronic version. Furthermore, in grant competitions requiring
mandatory submission of electronic applications, the Secretary will
permit applicants to request a waiver from the mandatory electronic
submission requirement. A waiver will allow applicants to submit a
paper application if they are unable to submit their application
electronically. For those programs that require electronic
submission of applications, the application notice will include
instructions on how an applicant can request a waiver to submit a
paper application.
The Department has also taken steps to assist applicants during
the transition from a paper-based application process to an
electronic one. Applicants interested in submitting a grant
application electronically can obtain assistance in several ways.
Prospective applicants can access the Department's e-Grants home
page (http://egrants.ed.gov) where they can view an online
demonstration on how to submit an application electronically via e-
Application.
Additionally, the Department has established a help desk, which
applicants can contact for technical support. There is also an
online e-Application User's Guide to assist applicants in all phases
of the electronic application process.
Changes: None.
Under Executive Order 12866 we have assessed the potential costs
and benefits of this regulatory action. The potential costs
associated with the final regulations are those resulting from
statutory requirements and those we have determined to be necessary
for administering the Department's programs effectively and
efficiently.
In assessing the potential costs and benefits-both quantitative
and qualitative-of these final regulations, we have determined that
the benefits of the regulations justify the costs.
Summary of Potential Costs and Benefits
We summarized the potential costs and benefits of these final
regulations in the preamble to the NPRM (68 FR 61781). The cost to
an applicant of submitting an electronic application is
significantly less than the cost of submitting a paper application.
Thus, the final rule will reduce applicant costs dramatically. The
costs to applicants and the Department of maintaining the data
included in the applications is also significantly reduced under the
final rule. The benefits of the rule are also significant,
permitting easy means for applicants to apply and giving applicants
more time to prepare their application because electronic submission
eliminates the delay caused by mailing an application.
Paperwork Reduction Act of 1995
These regulations do not contain any information collection
requirements.
Intergovernmental Review
These proposed regulations affect direct grant programs that are
subject to Executive Order 12372 and the regulations in 34 CFR part
79. One of the objectives of the Executive Order is to foster an
intergovernmental partnership and a strengthened federalism. The
Executive Order relies on processes developed by State and local
governments for coordination and review of proposed Federal
financial assistance.
This document provides early notification of our specific plans and
actions for these programs.
Assessment of Educational Impact
In the NPRM we requested comments on whether the proposed
regulations would require transmission of information that any other
agency or authority of the United States gathers or makes available.
Based on the response to the NPRM and on our review, we have
determined that these final regulations do not require transmission
of information that any other agency or authority of the United
States gathers or makes available.
Electronic Access to This Document
You may view this document, as well as all other Department of
Education documents published in the Federal Register, in text or
Adobe Portable Document Format (PDF) on the Internet at the
following site: http://www.ed.gov/news/fedregister.
To use PDF you must have Adobe Acrobat Reader, which is available
free at this site. If you have questions about using PDF, call the
U.S. Government
Printing Office (GPO), toll free, at 1-888-293-6498; or in the
Washington, DC, area at (202) 512-1530.
Note: The official version of this document is the document
published in the Federal Register. Free Internet access to the
official edition of the Federal Register and the Code of Federal
Regulations is available on GPO Access at:
http://www.gpoaccess.gov/nara/index.html.
(Catalog of Federal Domestic Assistance Number does not apply)
List of Subjects in 34 CFR Part 75
Administrative practice and procedure, Education Department, Grant
programs-education, Grant administration, Performance reports,
Reporting and recordkeeping requirements, Unobligated funds.
Dated: July 1, 2004.
Rod Paige,
Secretary of Education.
_ For the reasons discussed in the preamble, the Secretary amends
part 75 of title 34 of the Code of Federal Regulations as follows:
PART 75-DIRECT GRANT PROGRAMS
_ 1. The authority citation for part 75 continues to read as
follows:
Authority: 20 U.S.C 1221e-3 and 3474, unless otherwise noted.
_ 2. Section 75.102 is amended by revising paragraphs (a) and (b),
and the introductory text in paragraph (d) to read as follows:
Sec. 75.102 Deadline date for applications.
(a) The application notice for a program sets a deadline date for
the transmittal of applications to the
Department.
(b) If an applicant wants a new grant, the applicant must submit an
application in accordance with the requirements in the application
notice.
* * * * *
(d) If the Secretary allows an applicant to submit a paper
application, the applicant must show one of the
following as proof of mailing by the deadline date:
* * * * *
_ 3. Section 75.109 is amended by revising paragraph (a) to read as
follows:
Sec. 75.109 Changes to application; number of copies.
(a) Each applicant that submits a paper application shall submit an
original and two copies to the Department, including any information
that the applicant supplies voluntarily.
* * * * *
[FR Doc. 04-15473 Filed 7-7-04; 8:45 am]
BILLING CODE 4000-01-P
EDGAR version June 23, 2005
